Emile & The Social Contract. Jean-Jacques Rousseau
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but it has evidently nothing to do with political theory.
It is, therefore, essential to distinguish between the legal Sovereign of jurisprudence, and the political Sovereign of political science and philosophy. Even so, it does not at once become clear what this political Sovereign may be. Is it the body or bodies of persons in whom political power in a State actually resides? Is it merely the complex of actual institutions regarded as embodying the will of the society? This would leave us still in the realm of mere fact, outside both right and philosophy. The Sovereign, in the philosophical sense, is neither the nominal Sovereign, nor the legal Sovereign, nor the political Sovereign of fact and common sense: it is the consequence of the fundamental bond of union, the restatement of the doctrine of Social Contract, the foreshadowing of that of General Will. The Sovereign is that body in the State in which political power ought always to reside, and in which the right to such power does always reside.
The idea at the back of the philosophical conception of Sovereignty is, therefore, essentially the same as that we found to underlie the Social Contract theory. It is the view that the people, whether it can alienate its right or not, is the ultimate director of its own destinies, the final power from which there is no appeal. In a sense, this is recognised even by Hobbes, who makes the power of his absolute Sovereign, the predecessor of Austin's "determinate human superior," issue first of all from the Social Contract, which is essentially a popular act. The difference between Hobbes and Rousseau on this point is solely that Rousseau regards as inalienable a supreme power which Hobbes makes the people alienate in its first corporate action. That is to say, Hobbes in fact accepts the theory of popular supremacy in name only to destroy it in fact; Rousseau asserts the theory in its only logical form, and is under no temptation to evade it by means of false historical assumptions. In Locke, a distinction is already drawn between the legal and the actual Sovereign, which Locke calls "supreme power"; Rousseau unites the absolute Sovereignty of Hobbes and the "popular consent" of Locke into the philosophic doctrine of popular Sovereignty, which has since been the established form of the theory. His final view represents a return from the perversions of Hobbes to a doctrine already familiar to mediæval and Renaissance writers; but it is not merely a return. In its passage the view has fallen into its place in a complete system of political philosophy.
In a second important respect Rousseau differentiates himself from Hobbes. For Hobbes, the Sovereign is identical with the government. He is so hot for absolutism largely because he regards revolution, the overthrow of the existing government, as at the same time the dissolution of the body politic, and a return to complete anarchy or to the "state of nature." Rousseau and, to some extent, Locke meet this view by sharp division between the supreme power and the government. For Rousseau, they are so clearly distinct that even a completely democratic government is not at the same time the Sovereign; its members are sovereign only in a different capacity and as a different corporate body, just as two different societies may exist for different purposes with exactly the same members. Pure democracy, however, the government of the State by all the people in every detail, is not, as Rousseau says, a possible human institution. All governments are really mixed in character; and what we call a democracy is only a more or less democratic government. Government, therefore, will always be to some extent in the hands of selected persons. Sovereignty, on the other hand, is in his view absolute, inalienable, indivisible, and indestructible. It cannot be limited, abandoned, shared or destroyed. It is an essential part of all social life that the right to control the destinies of the State belongs in the last resort to the whole people. There clearly must in the end be somewhere in the society an ultimate court of appeal, whether determinate or not; but, unless Sovereignty is distinguished from government, the government, passing under the name of Sovereign, will inevitably be regarded as absolute. The only way to avoid the conclusions of Hobbes is, therefore, to establish a clear separation between them.
Rousseau tries to do this by an adaptation of the doctrine of the "three powers." But instead of three independent powers sharing the supreme authority, he gives only two, and makes one of these wholly dependent on the other. He substitutes for the co-ordination of the legislative, the executive, and the judicial authorities, a system in which the legislative power, or Sovereign, is always supreme, the executive, or government, always secondary and derivative, and the judicial power merely a function of government. This division he makes, naturally, one of will and power. The government is merely to carry out the decrees, or acts of will, of the Sovereign people. Just as the human will transfers a command to its members for execution, so the body politic may give its decisions force by setting up authority which, like the brain, may command its members. In delegating the power necessary for the execution of its will, it is abandoning none of its supreme authority. It remains Sovereign, and can at any moment recall the grants it has made. Government, therefore, exists only at the Sovereign's pleasure, and is always revocable by the sovereign will.
It will be seen, when we come to discuss the nature of the General Will, that this doctrine really contains the most valuable part of Rousseau's theory. Here, we are concerned rather with its limitations. The distinction between legislative and executive functions is in practice very hard to draw. In Rousseau's case, it is further complicated by the presence of a second distinction. The legislative power, the Sovereign, is concerned only with what is general, the executive only with what is particular. This distinction, the full force of which can only be seen in connection with the General Will, means roughly that a matter is general when it concerns the whole community equally, and makes no mention of any particular class; as soon as it refers to any class or person, it becomes particular, and can no longer form the subject matter of an act of Sovereignty. However just this distinction may seem in the abstract, it is clear that its effect is to place all the power in the hands of the executive: modern legislation is almost always concerned with particular classes and interests. It is not, therefore, a long step from the view of Rousseau to the modern theory of democratic government, in which the people has little power beyond that of removing its rulers if they displease it. As long, however, as we confine our view to the city-state of which Rousseau is thinking, his distinction is capable of preserving for the people a greater actual exercise of will. A city can often generalise where a nation must particularise.
It is in the third book of the Social Contract, where Rousseau is discussing the problem of government, that it is most essential to remember that his discussion has in view mainly the city-state and not the nation. Broadly put, his principle of government is that democracy is possible only in small States, aristocracy in those of medium extent, and monarchy in great States (Book III, chap. iii). In considering this view, we have to take into account two things. First, he rejects representative government; will being, in his theory, inalienable, representative Sovereignty is impossible. But, as he regards all general acts as functions of Sovereignty, this means that no general act can be within the competence of a representative assembly. In judging this theory, we must take into account all the circumstances of Rousseau's time. France, Geneva and England were the three States he took most into account. In France, representative government was practically non-existent; in Geneva, it was only partially necessary; in England, it was a mockery, used to support a corrupt oligarchy against a debased monarchy. Rousseau may well be pardoned for not taking the ordinary modern view of it. Nor indeed is it, even in the modern world, so satisfactory an instrument of the popular will that we can afford wholly to discard his criticism. It is one of the problems of the day to find some means of securing effective popular control over a weakened Parliament and a despotic Cabinet.
The second factor is the immense development of local government. It seemed to Rousseau that, in the nation-state, all authority must necessarily pass, as it had in France, to the central power. Devolution was hardly dreamed of; and Rousseau saw the only means of securing effective popular government in a federal system, starting from the small unit as Sovereign. The nineteenth century has proved the falsehood of much of his theory of government; but there are still many wise comments and fruitful suggestions to be found in the third book of the Social Contract and in the treatise on the Government of Poland, as well as in his adaptation and criticism of the Polysynodie of the Abbé de Saint-Pierre, a scheme of local government for France, born out of its due time.
The point in Rousseau's theory of Sovereignty that offers most difficulty is his view (Book II, chap, vii) that, for every State, a Legislator is necessary.